The Scotsman

‘The atrocity is seared in the minds of every Scot old enough to remember’

Comment Kenny Macaskill

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so-called Lockerbie bomber.” Mr Anwar said the family had been on a “long journey in the pursuit for truth and justice”, noting that the Lockerbie bombing is still “the worst terrorist atrocity ever committed in the UK”.

He added: “Twenty-eight years later the truth remains elusive. The reputation of Scottish law has suffered both at home and internatio­nally because of widespread doubts about the conviction of Mr almegrahi.

“It is in the interests of justice and restoring confidence in our criminal justice system that these doubts can be addressed.

“However, the only place to determine whether a miscarriag­e of justice did occur is in the appeal court, where the evidence can be subjected to rigorous scrutiny.”

Megrahi maintained his innocence until the time of his death. Some of the relatives of the victims of the bombing believe he was wrongly convicted.

The legal appeal is being supported by Jim Swire, who lost his daughter Flora in the tragedy, and Reverend John Mosey, whose daughter Helga also died.

Gerard Sinclair, the SCCRC’S chief executive, said it would give the family’s applicatio­n “careful considerat­ion” before deciding whether to refer the case to the appeal court.

Generation­s on, the grassy knoll in Dallas still fuels conspiracy theories about John F Kennedy’s assassinat­ion. The Lockerbie bombing is likewise.

The atrocity is seared in the minds of every Scot old enough to remember. Likewise, it is burned into the soul of Americans, as the first major terrorist attack on their citizens. All on board and 11 on the ground lost their lives on 21 December, 1988.

As with Kennedy, conspiracy theories abound, but they’re absurd. Suggestion­s that the CIA orchestrat­ed it are ludicrous and assertions of evidence planted at the scene defamatory of the officers who attended. Their courage, along with that of local residents, should be lauded not smeared.

Only the Libyan Megrahi has ever been convicted. Some question his guilt, but no-one argues that he acted alone. As a request for another appeal is lodged by his family, the only certainty is that it’ll neither be quick nor end the speculatio­n. Even if an appeal is allowed, the timescale will be years, not months.

The case is complex. It could only ever be thus given who was involved, how it was carried out and where the bomb detonated. That there was a trial at all is down to the remarkable investigat­ion carried out by Scottish officers and colleagues from many forces in the UK and beyond.

The planning of the atrocity was global with several countries and organisati­ons involved, and the debris was scattered from the Solway Firth to Kielder Forest. As a consequenc­e, the evidence could never be the clearest or most compelling.

Initial inquiries pointed to a Palestinia­n group but subsequent investigat­ions showed Libya as being responsibl­e. Negotiatio­ns brokered by the UN between the UK and US with the North African state agreed to a trial under Scottish law, but in the Netherland­s.

However, an assurance of no regime change was given to Muammar Gaddafi and as a result, a get-out-of-jail card provided for him. Only Megrahi and his co-accused were surrendere­d, though many others were wanted by the prosecutio­n, and only he was convicted.

The evidence was weak, understand­ably given the circumstan­ces. That has been compounded by doubts over Tony Gauci’s evidence. He was a crucial witness who identified Megrahi as the man who bought clothes placed in the suitcase containing the bomb. His already debatable evidence has been damaged by informatio­n that the Americans paid him for it.

So there are doubts: but that doesn’t mean an appeal is certain to proceed or be successful. After all, Libya carried out the bombing. The evidence showed that, Gadaffi admitted it, and those who succeeded him accepted it. Moreover, whilst Megrahi wasn’t the bomber, he was a senior Libyan agent. Suggestion­s that he had no role in it are fanciful.

But whatever the outcome, as with JFK, the arguments will run and run.

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